Mesa man gets 8 years for attempt to buy .50-caliber sniper rifle, belt-fed machine gun

A Mesa-area man was sentenced to eight years in federal prison last week for attempting to purchase two weapons — including a .50-caliber rifle and a belt-fed semi-automatic rifle — as well as drug possession.

Nestor Hernandez-Morales, 27, was sentenced to 96 months in prison during a Nov. 19 hearing in front of U.S. District Court Judge Angela M. Martinez in Tucson. Martinez also sentenced him to three years of probation.

Hernandez-Morales pleaded guilty in June to possession with intent to distribute methamphetamine, possession of a firearm in furtherance of drug trafficking activity, and attempted smuggling of firearms to promote drug trafficking activity, according to court records.

Hernandez-Morales paid $26,000 for
the two rifles as part of an undercover sting, and immediately
arrested by federal and local law enforcement.

A subsequent search of
his residence revealed 6.6 kilograms of a “substance that contained
methamphetamine,” officials said. During his arrest, Hernandez-Morales also had a Beretta handgun which he said he carried to “protect himself while he
traveled and to secure the drugs, money, and munitions he stored at his
residence,” said a Justice Department spokesman.

In December 2022, Hernandez-Morales met with an undercover officer with the Arizona Department of Public Safety and began making arrangements to purchase 15 AK-47-patterned rifles, a .50-caliber sniper rifle, and a belt-fed FN 249 .556x45mm caliber rifle, according to a complaint filed by a special agent with Homeland Security Investigations.

The .50-caliber sniper rifle — including the M82 produced by Barrett
Firearms — is popular among Mexican drug cartels because the heavy rounds are
accurate beyond 2,000 yards and can easily punch through buildings and
vehicles. In one instance, the Jalisco Cartel used a .50-caliber rifle
to knock down a Mexican military helicopter to cover the escape of drug
lord Ruben Oseguera-Gonzalez during a 2015 battle. The crash killed 8
soldiers with SEDENA and a Mexican police officer.

Meanwhile, the FN 249 sold to Hernandez-Morales is the civilian version of the SAW, or “Squad Automatic Weapon” a machine gun regularly carried by U.S. military personnel. Mexican cartels have become increasingly adept at modifying semi-automatic weapons for fully-automatic fire.

Hernandez-Morales intended to purchase these particular weapons because
was “knew these types of guns were valuable to promote and support
their drug trafficking activities,” said a Justice Department
spokesman. 

Two months later, on Feb. 1, 2023, Hernandez-Morales met with the undercover officer near Casa Grande and he paid for the .50-caliber rifle and the FN 249 with $26,000 in cash. After taking possession of the weapons, Hernandez-Morales was arrested. Officers searched him and found he had a Beretta 9mm handgun in his possession.

Hernandez-Morales was not legally allowed to purchase weapons after he was convicted for transportation of a narcotic for sale in Pima County Superior Court in May 2018. 

Along with methamphetamine and nearly $39,000 in cash found at his home, Hernandez-Morales also had a small arsenal. Along with a 9mm Baretta pistol he regularly traveled with, Hernandez-Morales also had a FN-SCAR 7.62 mm rifle, an Anderson AM-15 “multi-caliber” rifle, a bolt-action rifle, and a half-dozen pistols.

The investigation was part of a larger effort between federal law enforcement agencies and is part of the Organized Crime Drug Enforcement Task Forces initiative in Southern Arizona, said the Justice Department. The group “identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations” officials said by using a “prosecutor-led, intelligence-driven, multi-agency approach” using federal, state and local law enforcement agencies.

The case included special agents with Homeland Security Investigations, the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and investigators with the Arizona Department of Public Safety. Assistant U.S. Attorney David Petermann, District of Arizona, Tucson, handled the prosecution.